LAWS(JHAR)-2015-1-172

RASHMI RICE MILL Vs. UNION OF INDIA

Decided On January 14, 2015
Rashmi Rice Mill Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Through the instant two Interlocutory Applications, the applicants/appellants are seeking leave to file accompanied Letters Patent Appeals impugning the judgment dated 12.09.2014 of the learned Single Judge rendered in W.P.(C) No.3786 of 2014 and other connected writ petitions stating that the applicants-appellants were not the party either as petitioner or respondent in the aforesaid writ petitions but have filed accompanied appeals in view of the fact that the impugned judgment is also affecting the interest of the present applicants-appellants adversely as the respondent-State has now resorted to coercive measures of sealing/auctioning of their Rice Mills. The State is even contemplating registering criminal cases against the Rice Mills.

(2.) Learned counsel for the applicants/appellants state that the order dated 03.12.2014 passed by Secretary, Department of Food, Civil Supplies and Consumer Affairs (Government of Jharkhand) giving direction to all the Deputy Commissioners to lodge cases against the rice millers who have not deposited the entire amount of the paddy/rice lying with them @ Rs. 1250.00 per quintal is presently staring at them as some of the applicants/appellants have not been able to deposit the entire amount within the stipulated period i.e. 31.12.2014. Learned counsel submitted that the said order dated 03.12.2014 was initially stayed by this Court in L.P.A. No.397 of 2014 and other connected appeals filed by some of the writ petitioners till the disposal of the said L.P.A(s) and finally the appellants therein have been granted another 30 days time effective from 06.01.2015, to deposit the amount of the paddy/rice lying with them. Learned counsel submitted that all the applicants/appellants are facing huge financial crunch and in case they are also granted the same period for depositing the amount due from them of the paddy supplied to them for milling, they will be able to have a sigh of some relief, otherwise in terms of the aforesaid order dated 03.12.2014, their rice mills are likely to be auctioned/sealed despite registration of the criminal cases against them.

(3.) On the strength of the aforesaid submissions, learned counsel pray for grant of leave to file the accompanied Letters Patent Appeals.